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UNITED STATES v. KREZDORN

No. 81-1404.

693 F.2d 1221 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Herman V. KREZDORN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Granting of Rehearing March 2, 1983.

Attorney(s) appearing for the Case

LeRoy M. Jahn, Sidney Powell, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellant.

Verne F. Knickerbocker, Eagle Pass, Tex., for defendant-appellee.

Before BROWN, GOLDBERG and POLITZ, Circuit Judges.

Opinion on Granting of Rehearing En Banc March 2, 1983.

GOLDBERG, Circuit Judge:

In this appeal, we are called upon to review a finding of prosecutorial vindictiveness.

1. FACTS AND PROCEEDINGS BELOW

In 1979, Herman V. Krezdorn, a United States Immigration Inspector, was indicted on five counts of forging immigration documents in violation of 18 U.S.C. § 1426(a).1 The district court directed a verdict of...

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